Ominent.com Terms of Service
Effective January 2013
Ominent Inc. - Terms of Service for Your Personal Use
PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE AGREEMENT ("AGREEMENT") UNDER WHICH Tuvaro, INC. D/B/A Ominent ("Ominent") PROVIDES YOU WITH VARIOUS SERVICES, CURRENTLY LOCATED AT Ominent.COM, AND ANY OTHER RELATED OR SUCCESSOR SITES ("SITE"). ALL SERVICES PROVIDED BY Ominent ON THE SITE ARE COLLECTIVELY REFERRED TO AS "SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY SERVICES WE PROVIDE.
You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with Ominent, or (b) you are not allowed to receive the Services under the laws of the United States, your country of residence, the country in which you are located or are otherwise legally barred.
Ownership and Protection of Intellectual Property Rights
The contents of our Site ("Content") are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Ominent, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by Ominent, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
Changes to This Agreement
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.
License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Ominent or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Ominent's content or under any third party's content. Any rights not expressly granted herein are reserved.
Customer support is not offered for the Site or the Services.
Access to the Site and Services
You are solely responsible for obtaining Internet access to the Site and the equipment and software necessary to use and enjoy the Site and the Services, including payment of any Internet service provider fees and telecommunication charges.
Transactions/Transmissions/Storage/No Automated Querying
Ominent does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. Ominent reserves the right to set such limits, in its sole discretion, at any time.
You may not send automated queries of any sort to the Site without express advance written permission from Ominent. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on the Site.
Links to, and Resources/Data from, Others
A central part of the Site and the Services includes links to other websites or resources and information (including gadgets, financial information) provided by others. Because Ominent has no control over such sites and resources, you acknowledge and agree that Ominent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ominent shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which Ominent has no control and which will govern your rights and obligations with respect to the use of such.
Your Contact with Advertisers or Third-Party Vendors
Your dealings with advertisers and third-party vendors found on or through the Site and the Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Ominent does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Ominent will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Ominent has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws/Restrictions in Use
You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will not: (a) use the Site or the Services in any manner that harms us or our us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone's use of the Site or the Services.
Passwords and Security
You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
Provision of User Content
Ominent is different. Our Services are in a large part built upon our users' submissions, reviews, rankings, personal and public search builds, and other content and information provided by users ("User Content"). The more you use and build on the Site, the better the Services will be for you and everyone else. Except for the Content that we license to you, we do not claim ownership of your User Content.
You understand that Ominent needs to utilize User Content for the Services. Therefore, you grant Ominent a perpetual, royalty-free, irrevocable, world-wide, non-exclusive license to display, reproduce, adapt, modify, translate, publish, publicly perform, distribute and otherwise use the User Content. If you provide User Content in public areas, or share User Content, you grant those members of the public or such persons a license that is the same as granted to Ominent, solely in connection with the Site and the Services.
You are solely responsible for the User Content you provide. You represent and warrant that: (a) you have the right to provide the User Content and grant the licenses above; and (b) your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
Intellectual Property Violations
Ominent takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Our policy is located here. Please note: all notices and transmissions under such policy that are not relevant will not receive any response.
Prohibited Content / Review of Content
You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming"; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.
Ominent has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users.
You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.
Modifications to the Services
Ominent reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that Ominent will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
You agree that Ominent, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if Ominent believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Ominent may bar any further access to such files or the Services. If you use the Site in violation of this Agreement, Ominent may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Ominent shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
You may cease using the Services at any time. You do not need to inform Ominent if you cease using the Services.
Information Disclaimer and Disclaimer of Warranties
BY USING THE SITE AND THE SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. Ominent AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ominent EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- Ominent MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT Ominent IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE; OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Ominent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.
Ominent is a registered trademark and the Ominent logo are trademarks of Ominent, Inc. All rights reserved. All other trademarks and logos on the Site are the property of their respective owners.
The images referenced, made accessible or made available to you on the Site or by means of the Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Ominent. Ominent cannot give you authorization to use the copyrighted images. Ominent cannot guarantee that a search will not locate unintended or objectionable content and Ominent accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Services, or for your use of such content.
Financial Information (Stock Quotes, Currency Conversions, Exchange Rates and such)
Financial data provided may be delayed as specified by financial exchanges or our data providers. Financial data and information is provided for informational purposes only, and is not intended for trading purposes. Ominent does not guarantee the accuracy, timeliness, reliability or completeness of any such data. Neither Ominent nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein.
No Other Agreements Between Us / No Third-Party Beneficiaries
This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Ominent are governed by the laws of the State of California without regard to its conflict of law provisions. You and Ominent agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County, California. Notwithstanding the foregoing, Ominent may seek equitable and injunctive relief in any jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Ominent
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Ominent to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Ominent via:
Effective January 2013
It is the policy of Ominent, Inc., d/b/a Ominent ("Ominent") to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether Ominent would be found to be liable for such copyright or trademark infringement under United States law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular subscribers' ability to access the Ominent website and services. In the event that we terminate access to the Ominent website or remove search results in response to such a notice, we will make a good-faith effort to contact the site or content owners or administrators in order to permit them to make a counter-notification.
Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys' fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying Ominent of infringement if you are not certain whether particular content is infringing your copyright or trademark.
If you believe that your copyright or trademark is being infringed on the Ominent website, please send us a written notice that must include the following information:
- An identification of the copyrighted or trademarked work that you believe has been infringed;
- An identification of the allegedly infringing content within the work listed in item #1 above, and sufficient information to permit Ominent to identify it on the website. For a web search result, you must identify the search results obtained that link directly to a webpage that allegedly contains infringing material. In other words, you must provide us with (a) the search query you used and (b) the web address (URL) of each search result you allege contains infringing material;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
- A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf of an exclusive right that is allegedly infringed;
- Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. Such counter-notice must include the following information:
- An identification of the work that was removed or disabled, and the location (such as a URL) of the website on which it would have been found prior to its removal;
- A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States or (b) any judicial district in which Ominent is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Ominent, or an agent of such person; and
- Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. Ominent reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account of any user who Ominent has determined to be a repeat infringer.
Please contact Ominent with any infringement notices or counter-notices:
Attention: Legal Department
PO Box 7775, San Francisco, CA 94120-7775
Note: This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.